Order
1. The petitioners have challenged the validity of Section 499 of the Penal Code praying that the said provision, on constitutional touchstone, is inapplicable to the statements made in relation to official conduct of public servants/functionaries. Prayer (b) inter alia seeks to challenge the sanction granted by the Government of Tamil Nadu under Sections 199(4)(a) and (b) of the Code of Criminal Procedure for prosecution of the petitioners for the defamation of the Chief Minister of Tamil Nadu and other prayers have also been made. Insofar as prayer (b) is concerned, it has become academic in view of the affidavit filed by the Secretary to the State Government, Public (Law and Order) Department, inter alia, stating that all the complaints have been withdrawn except one case being CC No. 34 of 2002 (Junior Vikatan), which was posted on 6-12-2004. Hopefully orders may have been passed even in that case on 6-12-2004.
2. Strictly speaking on withdrawal of the complaints, the prayer about the validity of Section 499 has also become academic, but having regard to the importance of the question, we are of the view, in agreement with the learned counsel for the petitioners, that the validity aspect deserves to be examined. In this view, we issue rule, insofar as prayer (a) is concerned.
Court Masters